Nancy Kleer is one of the founding partners of OKT. In her practice of Treaty and Aboriginal rights and environmental law, she represents First Nations and Aboriginal clients negotiating modern treaties and responding to or becoming involved in a variety of resource developments, such as mineral exploration, mining, hydroelectric development, in advising on the duty to consult and accommodate, and in providing support to litigation teams. Nancy also advises First Nations on federal and provincial environmental protection and assessment law, including assisting in the EA process, making submissions to various environmental tribunals and advising on species at risk issues. She provides legal advice and does legal drafting on issues addressed in negotiations for comprehensive land claims, Aboriginal self-government, and in negotiations and implementation of impacts and benefits agreements between proponents and First Nations.
Nancy has assisted in settling long-standing grievances between First Nations and Ontario Power Generation (formerly Ontario Hydro). She has advised on establishment and implementation of First Nation trusts. She advises on establishment of and additions to Indian reserves under the Additions to Reserve Policy, and provides advice on Band Council governance issues, reserve land management and funding for and devolution of federal programs and services for First Nations.
Nancy is listed as “most frequently recommended” by The Canadian Legal Lexpert Directory. Nancy is a member of the Ontario and Newfoundland and Labrador bars.
Publications and Media
- “An Abridged History of the Indian Act and its Evolution”, September 2023, prepared for Osgoode Certificate in Fundamentals of Indigenous Peoples and Canadian Law
- “Comparing Historic and Modern Treaties,” presentation to Ryerson University Faculty of Law JUR 109, 2021
- "Innu Solidarity with Joyce Echaquan", OKT Blog, October 9, 2020
- "“Building Common Ground” report released: implementing FPIC in Federal environmental assessment", OKT Blog, April 7, 2017
- "The Honour of the Crown means honouring the Treaties", with Gillian Paul, OKT Blog, May 10, 2016
- Nancy J. Kleer and Gillian Paul, “The Honour of the Crown, Dirt Roads, Boil Water Advisories and Self-Government: The Fiscal Relationship between the Crown and First Nations” (Paper delivered at Canadian Bar Association Aboriginal Law Conference, Ottawa, 6 May 2016), [unpublished]
- "Canadian courts have jurisdiction to enforce foreign damage awards against Canadian subsidiaries", OKT Blog, September 8, 2015
- "Divided We Fall: Tsilhqot’in and the Historic Treaties", with Judith Rae, OKT Blog, July 11, 2014
- “Recent Legal Developments on Consultation and Accommodation relating to Environmental and Archaeological Issues” (Paper delivered at The Canadian Institute, 6th Annual Forum on Aboriginal Law, Consultation and Accommodation, Toronto, Ontario, February 22-23, 2012).
- Olthuis, Kleer, Townshend LLP, Aboriginal Law Handbook, 4th ed (Toronto: Carswell, a division of Thomson Reuters Canada Limited, 2012).
- “Bearing and Sharing the Duty to Consult and Accommodate in the Grey Areas of Consultation: Municipalities, Crown Corporations and Agents, Commissions and the Like” (Paper delivered at the Canadian Institute Conference, February 24, 2011).
- Nancy Kleer, “Green Energy Act Reforms: Opportunities for Promoting Aboriginal Participation” (Paper prepared for the joint program of Ontario Bar Association/Law Society of Upper Canada, The Green Energy Act and Regulations: Implementation Reforms and Issues, Toronto, Ontario, November 10, 2009).
- Nancy Kleer, “Key Considerations in Developing Trust Agreements for Aboriginal Beneficiaries” (Paper delivered at the 2008 Aboriginal Trust and Investment Workshop hosted by Rodgers Investment Consulting, Collingwood, Ontario, 2008).
- Presentation, “Negotiating with Aboriginal Parties”, February 13, 2007, Aboriginal Law & Consultation: Best Practices and Leading Edge Strategies for Aboriginal Consultation, The Canadian Institute (Toronto).
- Presentation, “Travelling the Mikisew Cree Road to the Roads, Cleared Forests and Mines in NAN Territory: Treaty Harvesting Rights and Resource Development”, March 9, 2006, NAN Harvesters Conference (Thunder Bay).
- Presentation, “Finding and Keeping Money: Funding Aboriginal Litigation, Litigation Alternatives and Making Litigated and Negotiated Settlements Stick”, June 6-7, 2002, Pacific Business & Law Institute (Ottawa).
- Presentation (with C. Marlatt and P. Recollet), “What Needs to be Negotiated: A Guide to Impacts and benefits agreements”, April 23-24, 2001, The Canadian Institute (Toronto).
- Presentation (with J. Olthuis), “Legal Update: What’s New on Indian Reserve Lands?”, May 25-26, 2000, Aboriginal Land Management and Property Development Strategies – Insight Information Co. (Toronto).
- Nancy Kleer (with J. Olthuis), “Evidence in Aboriginal Title and other Aboriginal Rights Cases after Delgamuukw and Van der Peet” (Paper prepared for Special Lectures of the Law Society of Upper Canada 2000: Constitutional and Administrative Law, June 8-9, 2000).
- Presentation, “Leasing and Environmental Protection of Aboriginal Lands by First Nation communities”, May 25-26, 2000, Aboriginal Land Management and Property Development Strategies – Insight Information Co. (Toronto).
- Presentation, “What is CEAA getting right and wrong?: Reflections based on the Voisey’s Bay Environmental Assessment”, January 24-25, 2000, Practical Strategies for the Canadian Environmental Assessment Act – Centrum Information (Toronto).
- Presentation, “Mineral Exploration — From Aboriginal Groups’ Points of View”, October 1996, Nuggets: A Motherlode of Useful Natural Resource and Real Property – Canadian Bar Association (Toronto).
- Presentation, “Equality Rights: Impact on Energy and Environmental Issues”, 1994, Roads to Equality – Canadian Bar Association (Toronto).
- Presentation (with L. Rotman),“Environmental Protection and First Nations: Changing the Status Quo”, March 1-2, 1993, Doing Business with First Nations, The Canadian Institute (Toronto).
- Presentation (with D. Hunter and G. McKibbon), “Rural Development: Environmental and Planning Issues”, June 6, 1989, From the Barnyard to the Boardroom: Issues in Rural Practice – Canadian Bar Association (Toronto).
- Presentation (with D. Hunter), “Environmental Considerations in the Context of a Friendly Take-Over”, May 19, 1989, Anatomy of a Friendly Takeover – Insight Information (Toronto).
- Presentation (with D. Hunter), “Environmental Prosecutions in Ontario”, December 2, 1988, Corporate Crime in Canada – Law Society of Upper Canada (Toronto).
Recent Articles
Innu Solidarity with Joyce Echaquan
The Innu Round Table met on October 8, 2020 in St. John’s, Newfoundland & Labrador. The Innu Round Table is a regular trilateral meeting between Labrador Innu representatives and federal…
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Resources to Assist First Nations in Responding to the COVID-19 Pandemic
As the number of COVID-19 confirmed cases is rising across Canada, First Nations are responding to protect their community members and encourage actions to prevent the spread to their communities. …
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"Building Common Ground" report released: implementing FPIC in Federal environmental assessment
On April 5, the Minister of Environment and Climate Change, Catherine McKenna, released the much-anticipated independent expert report on reforming Canada’s environmental assessment processes, “Building Common Ground: A New Vision…
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